S.J.R. 6

1

RESOLUTION REQUIRING SENATE
2 RECONFIRMATION OF CERTAIN JUDGES
3 1999 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Terry R. Spencer
6 A JOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO AMEND THE UTAH
7 CONSTITUTION; REQUIRING JUDGES OF COURTS NOT OF RECORD TO BE SUBJECT
8 TO RETENTION APPROVAL BY THE SENATE; DIRECTING THE LIEUTENANT
9 GOVERNOR TO SUBMIT THE PROPOSED AMENDMENT TO THE VOTERS; MAKING
10 TECHNICAL CHANGES; AND PROVIDING AN EFFECTIVE DATE.
11 This resolution proposes to change the Utah Constitution as follows:
12 AMENDS:
13 ARTICLE VIII, SECTION 11
14 Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each of
15 the two houses voting in favor thereof:
16 Section 1. It is proposed to amend Utah Constitution Article VIII, Section 11 , to read:
17 Article VIII, Section 11. [Judges of courts not of record.]
18 (1) Judges of courts not of record shall be selected in a manner, for a term, and with
19 qualifications provided by statute[. However], except that no qualification may be imposed which
20 requires judges of courts not of record to be admitted to practice law. The number of judges of
21 courts not of record shall be provided by statute.
22 (2) Each judge of a court not of record shall be subject to retention approval by the Senate
23 every second year after the judge's selection.
24 Section 2. Submittal to electors.
25 The lieutenant governor is directed to submit this proposed amendment to the electors of
26 the state of Utah at the next general election in the manner provided by law.
27 Section 3. Effective date.

28 If approved by a majority of the electors of the state voting at the next general election, the
29 amendment proposed by this joint resolution shall take effect on January 1, 2001.




Legislative Review Note
as of 1-25-99 3:16 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel